ACCESS TO INFORMATION - The new Open Democracy Bill introduced on July 10 faces tough scrutiny in Parliament after more than three years in the making. It has been through numerous drafts and the subject of much debate among civil society, politicians, police and the judiciary, puts flesh on the bones of the constitution that demands greater transparency in government and business. The controversial Bill allows people access to government and private institutional files, including their own, and protecting whistle-blowers. However, the Bill has exemptions which allow government to refuse to give information to members of the public for national security reasons. Suggestion that the bill should go so far as to make all government meetings, including cabinet, official and open have been excluded from the final draft. Also excluded from the bill is the provision which allowed for the creation of special information courts. However, different institutions have made their submissions and the public is invited again to submit further comments to Parliament on the Bill. If the Bill becomes the law, it would override some legislative conditions of confidentiality, in the case of information needed by somebody to protect their own rights.

ACCESS TO INFORMATION - On July 6, the Truth and Reconciliation Commission heard that the police sat in a Casspir and watched Inkatha Freedom Party warriors massacre residents of Boipatong in the Vaal Triangle in June 1992. Sixteen IFP members who were residents of Kwa Madala hostel at the time of the attack have applied for amnesty for the massacre. First applicant Victor Mthembu, a former IFP youth leader made a testimony about the massacre which left 46 people dead and caused national and international outrage. Mthembu in his application told the TRC that IFP members were constantly threatened by ANC comrades in Boipatong. He said that the homes of IFP members were burnt down and they had to seek refugee at the KwaMadala hostel. He said that men in the hostel were called together on a Sunday night, the night of the killings, and they were told that they were going to attack the ANC. They were told to put on red headbands so that they did not kill each other. According to Mthembu, the killings were indiscriminate, whoever they came across was a possible target of the mob. Children were killed because "a snake gives birth to a snake". Mthembu told the committee that the police were not involved in the killings but they did nothing to stop the IFP members heading for the attack. It was only after the attack that the police followed them back to the hostel but did not apprehend them. Mthembu has been shy to mention the involvement of the IFP leaders, the SA Defence Force members and the police. He is serving an effective 20 years in prison after being sentenced to a total of 229 years. Adv Daniel Berger, for the victims, said that the victims would not be prepared to forgive Mthembu unless he told the whole truth, including a suggestion that Mthembu sat down with other applicants to compile a list of the names of the other 200 men who were involved in the killing.

ACCESS TO INFORMATION - On July 7 lawyers for Wouter Basson, a key witness in the TRC's inquiry into the chemical and biological warfare programme, said that they had applied to the High Court to avoid having their client testify before the TRC. Basson argued that the evidence he would give at the TRC hearing could jeorpadise his right to a fair trial in a criminal case set for August. The TRC has opposed the application on the basis that according to the Truth and Reconciliation Act, evidence before the commission cannot be used as the basis for prosecution in criminal cases. The Commission said that it would consider prosecuting Basson for his refusal, a tactic that it used against former state president PW Botha. Meanwhile, the TRC on July 8 had learned that classified documents on SA's biochemical warfare programme which were supposed to be destroyed were kept secretly by its director. General Niel Knobel told the TRC that nobody knew to what use, if any, ultra sensitive documents containing details of the former government's deadly programme had been put. Knobel had told the hearing that the programme's entire data had been transferred on to 13 CD ROM computer disks by Basson in 1993. The disks, loaded with enormous amount of technical information between 1981 and 1993, were handed over to the Defence Ministry. They were placed in a safe to which only Deputy President Thabo Mbeki and top military officials had the keys.

BROADCASTING - Dismissed SABC executive, Govin Reddy on July 8 said he would take the corporation to the Commission for Conciliation , Mediation and Arbitration after the SABC's rejection of his demand for reinstatement. Reddy was sacked following a dispute with the corporation's board over his failure to get the corporation's chief executive post. The SABC's group communications head, Enoch Sithole, told "City Press" that the decision to fire Reddy was made when it became clear that "Reddy was not apologetic about his outburst when he charged that the SABC was racist". Reddy said that his lawyers had written to the board chairman, Paulos Zulu, and demanded that he be reinstated on the grounds of unfair and unprocedural dismissal. He said that he would take legal action and his legal team would explore all options if his demands were not met. According to "Bussines Day" the SABC spokesman Marj Murray had confirmed that the corporation had received Reddy's letter and would respond officially the following day.

CENSORSHIP - "Mail & Guardian" on June 17 reported that the police investigating a complaint against artist Mark Hipper dropped charges following the country's chief censor read them the film and publications Act. On July 9, age restriction was placed on a Grahamstown art exhibition on children and sexuality at Rhodes University Art School by the Film and Publication Board. Rhodes University vice-chancellor David Woods had confirmed that officials from the board had visited the exhibition and requested that children under 12 be prohibited from viewing the exhibition entitled Viscera. University vice-chancellor, Dr Woods said that a warning stating "This exhibition contains nudity and may cause offence" had been placed in the entrance to the display. The sexually explicit sketches of nude children by the artist and university lecturer Mark Hipper have caused controversy over artistic freedom and child pornography. However, Hipper denied that his exhibition was pornographic and he claimed that it was "about children discovering their sexuality and coming to terms with it". He also denied allegations that children had posed for the sketches. Hipper was later charged under the Film and Publications Act of 1996 for his exhibition which explored child sexuality.

The Film and Publications Board CEO Nana Makaula accused Deputy Minister of Home Affairs Lindiwe Sisulu of old-order politics after Sisulu threatened to ban this exhibition of child nudes. Sisulu suggested that the exhibition be banned during an interview with "SAfm" radio on July 9. Makaula expressed concern that Sisulu was doing exactly what had happened in the past whereby the minister would tell the Board what to. According to reports, Sisulu told "SAfm": "I am saying to you now, and I will say it tomorrow, we do not allow child pornography in whatever form." Makaula indicated that Sisulu has a right to advise but not to impose any instructions to the Board.

The Board decided on July 10 that Hipper's paintings were bona fide following a criminal charge against him by the Grahamstown Child and Welfare Society. The criminal complaint was in terms of the Film and Publication Act 65 of 1996. The Board said " the exhibition is open to everybody but parental guidance is advised."

INDEPENDENT BROADCASTING - The two failed bidders to free-to-air licence, the New Channel and Free-To-Air, have indicated that they no longer challenge the IBA's decision to grant Midi TV the broadcasting licence. The two had launched legal action against the IBA over what they believed were procedural irregularities in the awarding of the licence. The IBA said that the withdrawal would allow Midi to continue "unhindered" with preparations for launching its e.tv. According to reports, a Midi team led by Thabo Makhene, director of local programming and acquisitions, has been visiting all nine provinces to meet industry players and find new and original local programming to commission. Midi TV MD Jonathan Procter said that the countrywide road show had led to 660 production houses responding.Midi intends to use a lot of local talent and is in the spirit of transparent commissioning. Jonathan had said that the channel would phase in 27% local content over the first year and they are committed to investing R300m a year in local programming. The channel is due to start prime time broadcasting in October.

JOURNALISTS - "The Sunday Independent" on July 12 reported that the home affairs minister, Mangosuthu Buthelezi had rescinded a decision by his department to deport the Zimbabwean-born journalist Newton Kanhema and his wife, Jean Kasiyamhuru. Buthelezi had written to Kanhema's lawyers that he had reviewed the decision to withdraw the couple's exemptions from the legal requirements to hold immigration permits. Kanhema was told to leave South Africa after the department claimed he did not qualify for the exemption because he had not been residing in South Africa for a five year period before July 1996. The department claimed that the couple had misrepresented facts in their applications for exemption. According to "Sunday Independent", the department did not say why Buthelezi had rescinded the decision to deport the couple.

FOREIGN AFFAIRS - The world was shocked, sad and suspicious at the sudden death of Nigeria's jailed opposition figurehead, Chief Moshood Abiola on July 7. Abiola's death came at a crucial time in the country's political life. It was reported that Abiola had collapsed during a meeting with two high ranking US envoys and died soon afterward in a heart attack. His family and followers suspected that the military government was behind Abiola's death. A representative of the Nigerian Medical Association had in the past demanded that Abiola be released on health grounds said that it held the junta responsible for Abiola's death even of it had not directly killed him. Nigeria's military ruler General Abdusalam Abubaker expressed his sympathy to the Abiola family. On July 8 Abubaker told the Nigerians that he would announce his political plan in due course. He sacked the military- appointed government and said that he would form the new administration.